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(영문) 서울북부지방법원 2018.12.06 2018노481
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On March 9, 2010 concerning the F Studio F (hereinafter collectively referred to as the “instant real estate”) in the Jinsung-gun, the defendant did not file a false complaint, because the contract was actually forged or altered on March 22, 2010 on March 22, 2010 concerning the instant land and building (hereinafter “the instant first contract”) and the Defendant forged or altered the said contract.

Since it is true that the defendant made a complaint, the intention of the defendant cannot be recognized.

B. The sentence of the lower court (6 months of imprisonment and 2 years of suspended execution) against the illegal defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of mistake of fact, 1) The crime of false accusation is established by reporting the fact that the reporter is true because it does not necessarily require a definite intention, and thus, it does not necessarily mean that the reported fact is false (see Supreme Court Decision 91Do2127, Dec. 13, 1991). In addition, in the crime of false accusation, the term “report of false fact” refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective fact, and even if it is inconsistent with the objective fact, if the reporter is true and reported, the crime of false accusation is not established.

The report is false even if it is based on objective facts known to the reporter.

(2) If the reporting person is aware of the existence of a false or false fact, the reporting person is false on the basis of objective facts known to the reporting person.

Although recognizing that there is a possibility of being false or false, one's assertion is correct without disregarding it.

It also includes those cases in which it considers.

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